Service provision changes
A service provision change is a situation on a TUPE transfer in which activities cease to be carried out by a contractor on a client's behalf and are carried out instead by a subsequent contractor on the client's behalf.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 introduced into UK statute for the first time a definition of a service provision change for transfer of undertakings purposes.
Top 10 HR questions April 2019: Maximum compensation, holiday entitlement and positive action
The annual increase to the limits on compensation that can be awarded in an...
TUPE or not TUPE? NHS Trust did not unfairly dismiss workers
An employment tribunal has found that a hospital trust did not unfairly dismiss 13 maintenance workers because they had not...
TUPE and service provision change: What happens if a service is fragmented?
Service provision change is a notoriously thorny area of TUPE transfer law. But it can become even more complex where...
TUPE abattoir case decision reinforces activity rules
The recent decision on Anglo Beef Processors UK v Longland is the latest TUPE case to confirm the rules on...
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The case of Tees Esk & Wear Valleys NHS Foundation Trust v Harland.underlines the principle that for TUPE to apply...
Labour manifesto 2017: what employers need to know
The Labour Party’s official manifesto has been released today and includes some of the most radical changes to employment legislation...
Common sense needed in TUPE service provision changes
A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not...
Case shows TUPE service provision changes only apply to group providing service immediately before the transfer
Dr John McMullen explains how the “principal purpose” test in TUPE service provision changes relates to an organised grouping of...
TUPE case confirms obligations apply to multiple providers
TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains Dr...
What would happen to TUPE if the UK left Europe?
As part of our series of articles looking at the impact of a potential Brexit on employers and their legal...
TUPE service provision change: lay off does not prevent organised group of employees
Laying off employees before a service provision change does not necessarily...
Top 10 HR questions in April 2015: TUPE
Employers often want to harmonise terms and conditions if they inherit employees as a result of a TUPE transfer. Are...
A TUPE service provision change can apply to transfers to more than one firm
Application of a TUPE service provision change transfer depends on whether or not activities on behalf of a client cease...
TUPE service provision changes – which employees transfer?
Determining whether or not TUPE applies to an outsourcing or insourcing situation can be a headache for employers. Linda Glover...
TUPE service provision change: tribunal’s reasoning flawed on assigning manager to organised grouping of employees
In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) found that an employment tribunal’s judgment was flawed when...
